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Message
Question about purchasing land without mineral rights
Posted on 6/22/20 at 4:07 pm
Posted on 6/22/20 at 4:07 pm
Found some acreage in Louisiana that I’m interested in building a house on. The mineral rights for this land are being reserved by the seller, which I know is negotiable.
I also know that after 10 years of non-use, the mineral rights revert to the land owner. I have seen it suggested that all you have to do is attempt something like a well drill every 10 years in order to maintain those rights.
My question is, if you bought land without mineral rights, can you prohibit the mineral rights holder from accessing the property for 10 years in order to automatically have the rights transferred to you? Or does the mineral servitude give them the property access whenever they want?
I also know that after 10 years of non-use, the mineral rights revert to the land owner. I have seen it suggested that all you have to do is attempt something like a well drill every 10 years in order to maintain those rights.
My question is, if you bought land without mineral rights, can you prohibit the mineral rights holder from accessing the property for 10 years in order to automatically have the rights transferred to you? Or does the mineral servitude give them the property access whenever they want?
5
Posted on 6/22/20 at 4:19 pm to SPEEDY
i don't think he has rights to access the property whenever he pleases
Posted on 6/22/20 at 4:25 pm to SPEEDY
The mineral owner does not have the right to access the property, but they do have the right to lease the property for oil & gas operations. The operators have the right to unitize and drill on the property, within certain restrictions. If they need to use your surface, they'll deal directly with you and reach a separate surface agreement. .
ETA: The mineral rights will revert back to you after 10 years of non-operations. A lease does not count as operations, it has to actually be a well drilled. Where is the property located? If you can get me the Section, Township and Range, I can take a look and tell you if there are any operations currently in or around the property
ETA: The mineral rights will revert back to you after 10 years of non-operations. A lease does not count as operations, it has to actually be a well drilled. Where is the property located? If you can get me the Section, Township and Range, I can take a look and tell you if there are any operations currently in or around the property
This post was edited on 6/22/20 at 4:28 pm
Posted on 6/22/20 at 4:42 pm to LSUGUMBO
quote:
The operators have the right to unitize and drill on the property, within certain restrictions.
If they need to use your surface, they'll deal directly with you and reach a separate surface agreement. .
So I would have no choice but to allow them on the property? I couldn’t say no?
Posted on 6/22/20 at 4:51 pm to SPEEDY
If you’re in a unit they could go horizontally to tap into the minerals under your land without damaging surface. I believe that is what a driller would do
This post was edited on 6/22/20 at 5:49 pm
Posted on 6/22/20 at 4:54 pm to barbapapa
Is a surface waiver not a thing in Louisiana? Common in Texas to allow sellers to reserve minerals, but require a surface waiver in return, so buyer maintains full control over the surface. They could only benefit from pooled or directional development of the minerals, assuming no production currently exists.
This post was edited on 6/22/20 at 4:55 pm
Posted on 6/22/20 at 6:34 pm to SPEEDY
quote:
So I would have no choice but to allow them on the property? I couldn’t say no?
You’ll have some control, but not total control. The oil and gas company will compensate you for surface damages, and sometimes it works in your favor. If they need a road through your property, the road becomes yours once operations cease.
How big is the property? If it’s just a couple of acres, I wouldn’t worry too much about it. A unit in Louisiana is 640 acres in a square, just to give you some perspective.
Posted on 6/22/20 at 6:48 pm to LSUGUMBO
(no message)
This post was edited on 6/22/20 at 8:17 pm
Posted on 6/22/20 at 6:53 pm to SPEEDY
They have the right to capture the value of their minerals. You may get a few bucks for “damage” for the pipeline or toad on your property . be careful they will try to sneak in a WIDE servitude and leave path to be determined by them later.
Also if they want things like seismic data acquired on the property to image possible subsurface resources you can not stop that...
Seismic involves either trucks shaking the surface or short 120Deep ish foot holes With. A small charge set off ... usually every 220 feet apart ...
You can try to stop but usually the people offer you decent money or if you want to be nasty they just go get the local sheriff and get some chain cutters....or just shoot around you and everyone else is driving a new truck for Christmas while you are driving a beater...
Also if they want things like seismic data acquired on the property to image possible subsurface resources you can not stop that...
Seismic involves either trucks shaking the surface or short 120Deep ish foot holes With. A small charge set off ... usually every 220 feet apart ...
You can try to stop but usually the people offer you decent money or if you want to be nasty they just go get the local sheriff and get some chain cutters....or just shoot around you and everyone else is driving a new truck for Christmas while you are driving a beater...
Posted on 6/22/20 at 7:00 pm to Thecoz
That doesn’t sound very appealing for a homesite. 
Posted on 6/22/20 at 7:03 pm to SPEEDY
We do due diligence before and set monitors at house etc to document amount of vibration...Before doing the big shoot....
We have gone down city street.... the airport in Dallas etc and done it
But yes you are correct and I fully appreciate your opinion and respect it...
We have gone down city street.... the airport in Dallas etc and done it
But yes you are correct and I fully appreciate your opinion and respect it...
Posted on 6/22/20 at 7:47 pm to SPEEDY
Just sent you an e-mail.
Posted on 6/23/20 at 11:49 am to SPEEDY
quote:
The mineral owner does not have the right to access the property, but they do have the right to lease the property for oil & gas operations. The operators have the right to unitize and drill on the property, within certain restrictions. If they need to use your surface, they'll deal directly with you and reach a separate surface agreement. .
This is correct.
Posted on 6/23/20 at 3:30 pm to SPEEDY
quote:
So I would have no choice but to allow them on the property? I couldn’t say no?
The mineral owner has the right to access and use the surface as necessary to explore for minerals....simple terms the mineral owner or their lessee has the right to access the property to drill a well. You cannot stop them. If you try they can go to court and get a TRO then permanent injunction against you and the sheriff will escort them onto you property.
Also, the well doesn't have to be on your property to interrupt the 10 year prescription. The lessee could form a unit encompassing your tract and several others and drill one oft the other unitized tracts...the unit operations would interrupt prescription and restart the clock.
You could try to negotiate in the purchase of the property that the mineral rights reserved exclude any surface operations.
This post was edited on 6/23/20 at 3:32 pm
Posted on 6/23/20 at 3:35 pm to LSUGUMBO
quote:
A unit in Louisiana is 640 acres in a square, just to give you some perspective.
That's really only in shale plays in LA and nowadays with longer laterals units can be 1,280 acres (2 sections)...in conventional fields/plays the units are based on subsurface geologic mapping any shape size that the geology shows forms the productive sands/formation.
Posted on 6/23/20 at 6:39 pm to SPEEDY
I'm buying some land right now from a timber company and they didn't get mineral rights when they purchased the land so they will not be conveyed to me either. How do I figure out who has the mineral rights on this land? Would the 10 years of non-use start from when I purchase it? I am planning on building a house on it. Would they ever drill near the house?
Posted on 6/23/20 at 7:14 pm to Chasin The Tiger
Would they ever drill near the house?
Depending on state there are regulations....
With that said they would stay away from your house and work with you in general...
Depends if conventional target or unconventional... unconventional (shale etc) the target is spread all over the place ...and wells are horizontal for a few miles in some cases so well head will be away usually... Conventional target are like chasing a reef etc and very targeted. Again will set off from a house etc and directional drill a little kickoff if the prospect of it just happened to be under the house...
Again regulations require distance....
As mentioned earlier... lots of wells drilled under airports...cemetery....parks....
Buuuut : take the case where you bought ten acres and put your house in the back a few hundred feet from your back line. Your neighbor leases your land and they want to drill.... the oil company can come to the property line and has to back off a set amount from it and can then spot their location... ( can not remember specific footage — retired—- I think it was 100feet)
Sounds ok until it is one in the morning and they drilled a shallow oil well... lights are bright cause the company wants it lit up for safety.....
And the the pump jack kicks in and you listen to the noise of machine...
It happens...and happened to friends ...
Just be smart if you are in an oil play area or end up in one later... people tend to be good and if not find a different person/ company...
Depending on state there are regulations....
With that said they would stay away from your house and work with you in general...
Depends if conventional target or unconventional... unconventional (shale etc) the target is spread all over the place ...and wells are horizontal for a few miles in some cases so well head will be away usually... Conventional target are like chasing a reef etc and very targeted. Again will set off from a house etc and directional drill a little kickoff if the prospect of it just happened to be under the house...
Again regulations require distance....
As mentioned earlier... lots of wells drilled under airports...cemetery....parks....
Buuuut : take the case where you bought ten acres and put your house in the back a few hundred feet from your back line. Your neighbor leases your land and they want to drill.... the oil company can come to the property line and has to back off a set amount from it and can then spot their location... ( can not remember specific footage — retired—- I think it was 100feet)
Sounds ok until it is one in the morning and they drilled a shallow oil well... lights are bright cause the company wants it lit up for safety.....
And the the pump jack kicks in and you listen to the noise of machine...
It happens...and happened to friends ...
Just be smart if you are in an oil play area or end up in one later... people tend to be good and if not find a different person/ company...
Posted on 6/23/20 at 7:23 pm to Thecoz
Sorry typo
Your neighbor leases your
Should be your neighbor leases his rights to an oil company .... ie they can be on his land and scoot close to your property line... again ... do not remember the closet they can get to property line... I think 100 ish feet????
Your neighbor leases your
Should be your neighbor leases his rights to an oil company .... ie they can be on his land and scoot close to your property line... again ... do not remember the closet they can get to property line... I think 100 ish feet????
Posted on 6/23/20 at 8:22 pm to Chasin The Tiger
quote:
How do I figure out who has the mineral rights on this land?
I think you can go down to city hall and find out who has the mineral rights. Or maybe the title company can find out? Mineral rights are tricky
Posted on 6/23/20 at 9:26 pm to Chasin The Tiger
Either run the mineral title yourself or pay a landman to do it. The courthouse conveyances can tell you all you need usually. Louisiana is pretty easy compared to every other state because of the ten year prescription but there are a few exceptions that can catch people.
This post was edited on 6/23/20 at 9:27 pm
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